Effective Date of Rule: Thirty-one days after filing.
Purpose: The special education WAC chapter referred to in this WAC has been revised from chapters 392-171 and 392-172A WAC. This updates that reference.
Citation of Existing Rules Affected by this Order: Amending WAC 392-137-235.
Statutory Authority for Adoption: RCW 28A.150.290.
Adopted under notice filed as WSR 09-01-090 on December 16, 2008.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 24, 2009.
AMENDATORY SECTION(Amending Order 26, filed 9/17/90, effective 10/18/90)
WAC 392-137-235 Residency of handicapped children -- Special condition. Notwithstanding the definitions of resident and nonresident district pursuant to this chapter, in the event a student who is eligible for special education pursuant to chapter ((
392-171)) 392-172A WAC transfers
pursuant to this chapter from a resident school district to a
nonresident district, the nonresident district shall be deemed
the resident district for the purposes of chapter (( 392-171))
392-172A WAC and shall be required to perform all legal duties
as otherwise required by the resident district, including the
transportation of the transferring handicapped student if so
required as a related service.
[Statutory Authority: RCW 28A.22.230 [28A.225.230] and 34.05.220(4). 90-19-068 (Order 26), § 392-137-235, filed 9/17/90, effective 10/18/90.]